David Josiah Brewer

“ Such was the construction placed on the statute by the supreme court of Arizona, and is undoubtedly correct. The language is clear. The claim of the defendant is a 'right of possession only,' and the limitation applies solely against a 'plaintiff who shows no better right.' To hold that the section gives to a mere occupation of public land a title by prescription against one subsequently acquired from the United States would limit the full control of the government over its landed property, and qualify or destroy the effect of its patent or grant. ”

“ The certificate of the local land officers was competent to show that on the records of their office were no homestead, pre-emption, or other valid claims, and that the land had not been returned or denominated as swamp or mineral land. It is true there was no positive evidence that there were no minerals in the land, and, of course, nothing to show affirmatively that a mine might not be discovered prior to the issue of the patent, but the same could have been said of the showing in Deseret Salt Co. ”